Royster v. American Cyanamid Co.

Full title: DARYL A. ROYSTER, Plaintiff, v. AMERICAN CYANAMID CO., et al., Defendants

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Sep 25, 2006

Case No.: 3:06cv358/MCR/MD (N.D. Fla. Sep. 25, 2006)

Opinion

Case No.: 3:06cv358/MCR/MD.

September 25, 2006

ORDER

M. RODGERS, Magistrate Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated August 25, 2006. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.

Having considered the report and recommendation and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.

2. The plaintiff's federal claims are DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

3. The plaintiff's state law claim is DISMISSED WITHOUT PREJUDICE to his re-filing it in state court.

4. The clerk is directed to close the file.